Wrongful Death Archives | Stewart & Stewart Attorneys

Aug

How to File for a Wrongful Death Claim in Indiana

August 30, 2018

Wrongful death cases are some of the hardest and most trying cases a person can go through in their lifetime. Losing a loved one is hard enough, but to know it could have been avoided or was due to the negligent actions of someone else can make it almost unbearable.

In addition to the feelings of loss, families also must undergo the difficult road that is a wrongful death claim. Each state has their own laws regarding wrongful death, so it’s important you know how your state stands before you begin your claim.

Wrongful Death in Indiana

After the wrongful death occurs, the family of the deceased must file a wrongful death claim with the state of Indiana Here in Indiana, we follow the Indiana Code 34-23-1. In this code, wrongful death is defined as: “the death of one is caused by the wrongful or omission of another.” This means that in Indiana, if a person dies due to a negligent act—whether they performed an act or failed to perform an act—the negligent party will be held responsible for the death.

This is similar to personal injury, but in a wrongful death case, the family of the deceased becomes the plaintiff. The family will have to work to prove that the negligence occurred and that it was a direct result of their loved one’s death.

A Civil Case

In Indiana, all wrongful death claims are seen as a civil case, which means the courts do not get involved and it is instead handled directly through the estate. If there is a criminal component, for example, the death occurred due to a drunk driver, a separate criminal case will be brought into it, and separate charges will be filed. If a family wishes to gain compensation for the negligence, they must still file a wrongful death case, in addition to any criminal case that may already be occurring.

Who Receives Compensation?

Once a wrongful death claim is complete, the Indiana courts will decide who will receive compensation, and in what amount. Most often, the spouse and children will be awarded for any damages recovered, but there are always expectations to this rule. If you are not a direct dependent of the deceased, but feel you deserve the right to some of the damages, it’s imperative to get an Indiana attorney on your side.

How to File

After the wrongful death occurs, the family of the deceased must file a wrongful death claim with the state of Indiana. Within this claim, the family must be able to prove negligence and that the death was, in fact, due to that negligence. Within the claim, the family or dependents of the deceased will also have to ask for damages and then have the claim filed directly by the estate (the spouse, children or dependents). The estate of the deceased person can claim funeral expenses, the costs of filing and pursuing the wrongful death claim, medical and hospital expense, and any lost wages the deceased would have earned if they had lived.

In Indiana specifically, the family can only be awarded up to $300,000 in damages and a family cannot claim any damages for pain and suffering.

At Stewart & Stewart, we work hard to ensure that you don’t have to worry about your claim and can focus on your grieving. For more information or to file a wrongful death claim, contact us at 1-800-33-33-LAW or visit our website for more information.

Jul

Deadline for Stage Collapse Settlement Decision Extended

July 18, 2012

In an effort to give Indiana Fairgrounds stage collapse victims and their families more time to decide whether or not to accept a $13.2 million settlement offer, the Indiana Attorney General, Greg Zoeller, has postponed the decision deadline from July 13 to Aug. 1.

According to the South Bend Tribune, the settlement offer includes $6 million to release the state from liability in the deaths of seven people and injuries to dozens more, as well as an additional $7.2 million worth of private funds from Mid America Sound and James Thomas Engineering, two parties named as defendants in several Indiana Wrongful Death lawsuits stemming from the incident.

The settlement funding is in addition to $5 million that the state paid to claimants in December.

According to the Attorney General’s Office, the settlement is intended to expedite payments to those with immediate financial and medical needs; claimants have the right to deny the settlement and continue with litigation against the state should they choose to do so.

The Indiana Personal Injury Lawyers with Stewart and Stewart Injury Lawyers are hopeful that the settlement offer will help those in need of immediate assistance, and would like to remind those who were injured of the importance of this decision. If you suffered injury or loss as a result of an accident, the firm suggests that you speak with an attorney when faced with any kind of settlement offer.

Mar

Brownsburg Man Killed When Train Collides With His Pickup Truck

March 14, 2012

A 25-year-old Brownsburg, Indiana, man tragically died Tuesday after his pickup truck collided with a train at a rarely used railroad crossing. An article released by WISH-TV 8 News says the accident happened around 7:00 a.m. where train tracks intersect with the road at 800 E. Main St.

Co-workers said the man had taken a short break to go to the gas station to pick something up in his Chevrolet S-10 pickup truck. Moments later, the truck would be pushed roughly 40-50 feet down the train tracks after it collided with a train. Investigators said the young man was not wearing a seat belt at the time of the collision and was thrown from the vehicle. He died at the scene a short time later.

Police believe fog that had settled over the area may have played a role in the collision. Witnesses stated that they heard the train’s whistle blowing just before the accident.

The man was also a volunteer coach for a local high school’s rugby club. Both staff members and players were still in shock when interviewed earlier this morning.

The Federal Railroad Administration found that there are 2,547 train accidents annually, and that 75 percent of those involve the train hitting another vehicle.

The Indianapolis Auto Accident Lawyers with Stewart and Stewart Injury Lawyers would like to send their thoughts to the family and friends of the young man who was tragically killed.

Mar

Indianapolis Man Sentenced For His Part In 2009 Car Crash

March 07, 2012

March 7, 2012

After a plea agreement was reached with prosecutors in the Henry County Court, a 27-year-old Indianapolis, Indiana, man received a three-year sentence in connection with a DWI crash he caused that injured a woman and killed her unborn child. According to reports from the Courier-Times, as part of the agreement, the man will only serve two-years of home detention, one year of which was suspended, followed by another year of probation.

The accident occurred on November 23, 2009, along Interstate-70. It was there that the man was driving a rental truck east when he accidentally swerved across the median and struck a westbound Honda CRV. The 32-year-old woman driving the small SUV was taken to Methodist Hospital to undergo surgery to repair a broken leg. The woman was also seven-months pregnant at the time of the crash and eventually lost the child due to complications caused by the accident.

The man was originally charged with involuntary manslaughter, but the charges were reduced to causing serious bodily injury while under the influence of a Schedule I controlled substance.

In addition to his house arrest and probation, the man was also ordered by the judge to pay all court costs and to attend a victim impact panel.

The Indianapolis Car Accident Attorneys with Stewart and Stewart Injury Lawyers hope that this conviction will help bring peace and closure to the woman who was injured and lost her child in this tragic accident.

Feb

Yaz® Birth Control Blamed For More Than 50 Deaths And Thousands of Injuries

February 29, 2012

Women across the United States are being warned against the dangers that one of the best-selling birth controls on the market may present to users. WTHR 13 News stated that 50 patients died and thousands of others had suffered serious side effects after taking the birth control medication, Yaz®.

One patient reported taking the medication for nearly two years before she began to experience unexplained swelling in her legs. The woman had an ultrasound preformed where doctors discovered blood clots developing in her legs. While 18 months of treatment alleviated the clots, the woman was left unable to have children after the procedures.

Other patients taking the drug reported symptoms similar to that of a heart attack. After visiting a doctor it was determined that the patient’s gall bladders were not properly functioning. This required surgery to remove the organ.

The drug’s maker, Bayer, also came under heavy fire from the Food and drug Administration in 2008 after the agency said the manufacturer was making false advertising claims by saying the drug could be used to alleviate acne and PMS. The company has since been ordered to air corrective ad campaigns.

The Indiana Yaz® Birth Control Injury Lawyers with Stewart & Stewart Injury Lawyers are available to answer any questions you may have if you have been caused serious harm by taking the birth control medication Yaz®. Contact us today for a free consultation of your case.

Feb

New Blood Tests Ordered In Metro Officer’s Drunk Driving Case

February 22, 2012

Prosecutors in the highly publicized vehicular homicide and drunk driving case against an Indianapolis Metro Police officer said Friday that they want a second vial of the officer’s blood tested. According to reports from WTHR 13 News, the testing is being done in hopes of solidifying a case against the officer accused of hitting a group of motorcyclists, killing one and critically injuring two others.

The accident happened on August 6, 2010, when the on-duty officer was driving his squad car with a blood alcohol level of more than double the legal limit. The officer was arrested on drunk driving and vehicular homicide charges. Two weeks later, the drunken driving charges were dropped because an unlicensed lab technician took his blood samples.

In January of last year, a new prosecutor brought the charges against the officer again, only to have them dismissed by a judge a few months later. In October, a judge ruled that the tests could be used as evidence in the vehicular homicide and criminal recklessness cases against the officer.

That same month, the two surviving accident victims filed a personal injury lawsuit against the city, the Indianapolis Metro Police Department, and the officer for permanent injuries they suffered in the accident.

The Indianapolis Motorcycle Accident Attorneys with Stewart and Stewart Injury Lawyers may be able to help you if you’ve been injured in an accident that was caused by another driver’s negligence.

Feb

IOSHA Reports Causes Of Indiana Fairground Stage Collapse

February 08, 2012

February 8, 2012

The Indiana Occupational Safety and Health Administration (IOSHA) has released the report on the cause of the Indiana Fairgrounds stage collapse that injured and killed concertgoers last year. According to reports from FOX 59 News, three organizations–the Indiana State Fair Commission, International Alliance of Theatrical Stage Employees (IATSE) Local 30, and Mid-America Sound Corporation–have been issued citations by the Department of Labor in response to the report.

The Indiana State Fair Commission was fined $6,300 after the report found they created an unsafe environment for workers and those attending the concert after failing to conduct an “adequate life safety evaluation and plan.”

IATSE Local 30, a stagehand’s union, was given fines of $11,500 because they did not take safety precautions with employees by ensuring the stage’s roof was secure.

Mid-America Sound Corporation took the brunt of the blame after they were issued $63,000 in fines for showing “indifference” in properly setting up the stage, as well as it’s lighting and rigging.

Under Indiana state law, the organizations have up to 15 days to pay the fines or contest them in an Indiana Board of Safety review.

The Indiana premise liability lawyers with Stewart and Stewart Injury Lawyers know that these promoters had a responsibility to provide concertgoers and staff with a safe environment. The firm contends that these companies’ failure to do so could allow them to be held responsible for compensating those who were injured during the incident.

Jan

Company Fined $2,000 For Worker’s Death In Indiana

January 25, 2012

An Evansville, Indiana, manufacturing company has been fined by Indiana’s Department of Labor in connection with the death of a worker in August of 2010. According to reports from Channel 13 News, the company responsible for the death, Bootz Industries, was fined $2,000 by the department for their part in causing the accident.

Records show that the 49-year-old worker was killed when a forklift he was driving hit a sidewalk and flipped over on top of him. It was determined that the worker was not wearing a seat belt and may not have been safe to operate because of leaking fluid lines. These findings prompted the Indiana Department of Labor to investigate, who mandated a $3,500 fine to the company. The fine was later reduced to $2,000 after the company agreed to take the forklift out of service and retrain drivers on forklift safety and use in the next 30 days.

No civil action has been taken against the company in connection with the death of the worker, but the statute of limitations on wrongful death cases is two years.

While the family may still have several months to file a wrongful death case against the company and others responsible for the accident, the Indiana wrongful death lawyers with Stewart and Stewart Injury Lawyers recommend filing a claim as soon as possible after the accident.

Jan

Indiana Considers Nursing Home Emergency Policies

January 18, 2012

After it was discovered that staff in numerous nursing homes across Indiana were not properly calling for help in emergency situations concerning patients, WTHR 13 News reports that state lawmakers are creating new regulations that will work to ensure patients get the care that they need in a timely manner.

The push was sparked by the death of a woman last March. She was suffering from cardiac arrest when caregivers at Wildwood Healthcare found her. The LPN on-duty called CARE ambulance to take the woman to the hospital, but the company did not have an ambulance available. Instead of passing the call to the Volunteer Fire Department five minutes away, CARE called in an off-duty crew nearly 20 minutes away. The woman died waiting for the ambulance.

In the aftermath of the tragedy, the state health department found that the facility was negligent cited Wildwood healthcare for “failure to ensure appropriate care” to patients for failing to call 911 at two key moments.

In response, lawmakers created State Senate Bill 224, which would require state officials to create a new report on response times and practices for responding to 911 calls. Also, it would create equipment requirements on ambulances, and transportation procedures for nursing home emergency and non-emergency transport.

The Indiana nursing home abuse lawyers with Stewart and Stewart say that it could be considered neglect on the caregiver’s part to not call 911 during an emergency. If you have been hurt or lost a loved one because of a caregiver’s negligence, get in touch with us today to discus your case.

Dec

Massive Drug Shortages Plague Indiana Hospitals

December 14, 2011

As officials and lawmakers with the federal government work to create legislature that could help end drug shortages in hospitals across the country, facilities in Indiana are struggling to meet patient and monetary demands the shortages are creating. In an investigative article by WISHTV 8 News, it was said that Hoosier hospitals may be completely out of some drugs, like the pain-killer morphine in 5 mg dosages, and severely limited with other drugs like cancer treatments and vitamin infusions for patients fed intravenously.

Columbus Regional Hospital Pharmacy Team Leader Matt Hote says he is having a hard time getting a drug called epinephrine. It can be life-saving for a person whose heart has stopped–one dose can be enough to get the heart pumping again. Hote stated though that if the drug is not a contracted order, it can cost him anywhere from 10 to 20 times higher than the retail price.

So what is being done to fix the problem? The FDA is creating rules that will require drug manufacturers to give a six-month warning before stopping production of a drug. Congress is also working to make price gouging on drugs illegal.

The Indiana Medical Malpractice Lawyers with Stewart and Stewart know the dangers that these drug shortages can put a patient in. If you have been injured or lost someone you love because a hospital did not have the drugs needed, contact us today for a free initial consultation of your case.

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Archive for the ‘ Wrongful Death ’ Category